EB1Visas

Got an RFE on Your EB-1A or NIW? This Is Where the Real Work Begins

You worked hard on your EB-1A or National Interest Waiver (NIW) petition. You collected recommendation letters, evidence of your achievements, publications, awards, citations, business records, media coverage, or proof of the importance of your work.

Then you receive that dreaded letter from USCIS:

REQUEST FOR EVIDENCE — RFE.

The first thing I tell people is: Do not panic. An RFE is not a denial.

But I will also tell you something equally important: Do not underestimate it.

An RFE tells you that USCIS has questions about whether your petition meets the legal standard. Your response may become one of the most important parts of your case.

An RFE Is an Opportunity — If You Use It Correctly

I have been practicing immigration law for more than two decades, and one lesson I have learned is that immigration cases are not simply about collecting a large stack of documents.

A good case tells a story — and then proves that story with evidence and law.

This is especially important with EB-1A and NIW petitions.

Sometimes an applicant has impressive credentials but the petition does not properly explain why those credentials satisfy the legal requirements.

Sometimes USCIS accepts certain criteria but challenges others.

Sometimes the officer questions the significance of publications, citations, awards, memberships, judging experience, original contributions, critical roles, salary, media coverage, or other evidence.

And sometimes the real battle is not merely whether individual EB-1A criteria have been satisfied, but whether the evidence as a whole establishes extraordinary ability under the final merits determination.

For NIW cases, USCIS may question whether the proposed endeavor has substantial merit and national importance, whether the applicant is well positioned to advance that endeavor, or whether, on balance, it would benefit the United States to waive the job-offer and labor-certification requirements.

These are not questions that should be answered casually.

Don’t Just Send USCIS More Documents

One of the biggest mistakes I see is treating an RFE like a request for a bigger pile of evidence.

More evidence does not automatically mean better evidence.

Before responding, I want to understand:

What exactly is USCIS challenging?

Then we look at what the officer said, what was submitted originally, what evidence may be missing, and what legal arguments need to be strengthened.

The response should be organized around the government’s concerns.

Sometimes we need additional documentation. Sometimes we need stronger expert or recommendation letters. Sometimes publicly available evidence can provide important context. And sometimes the evidence was already there — but the original petition did not connect the dots effectively.

The goal is not simply to overwhelm USCIS with paper.

The goal is to answer the officer.

You Can Come to Us Even If We Did Not File Your Original Case

This is important.

You may have filed your EB-1A or NIW yourself.

You may have used another attorney.

You may have used a petition-preparation company.

That does not necessarily prevent you from hiring Shah Peerally Law Group PC to evaluate and potentially handle the RFE response.

We can review the original filing, examine the RFE, identify potential weaknesses, and determine what strategy may be appropriate for the response.

Sometimes having a fresh set of experienced eyes on the case can make a meaningful difference.

Why I Take These Cases Personally

Immigration law has never been just paperwork to me.

Behind every petition is a person.

A researcher who spent years building expertise.

An engineer whose work may have significant applications.

A physician trying to contribute to healthcare.

An entrepreneur building something new.

A professor, scientist, technology professional, artist, executive, or other accomplished individual who has worked for years to reach this point.

When USCIS challenges that person’s accomplishments, our job is to translate those achievements into the language of immigration law.

That requires strategy.

It requires evidence.

It requires understanding the legal standard.

And above all, it requires understanding the person behind the petition.

That has always been part of my approach to practicing immigration law.

Don’t Wait Until the Deadline Is Around the Corner

If you receive an RFE, pay close attention to the response deadline stated in the notice.

Waiting until the last moment can make it much harder to gather additional evidence, obtain letters, research supporting materials, and develop the legal arguments necessary for a comprehensive response.

If you have received an RFE on an EB-1A Extraordinary Ability petition or EB-2 National Interest Waiver, our team can evaluate the notice and discuss whether we can assist you.

Contact Shah Peerally Law Group PC

📞 510-742-5887

🌐 www.peerallylaw.com

📧 [email protected]

When you contact us, have your RFE and a copy of the original petition available if possible. That will help us understand what USCIS is questioning and evaluate the case.

An RFE does not mean the fight is over. Sometimes it means the most important part of the fight has just begun.

— Shah Peerally

Attorney advertising. This article provides general information and is not legal advice. Immigration cases depend on their individual facts and circumstances. Past results do not guarantee future outcomes.

Shah Peerally Law Group PC Immigration Law Firm, Lawyer & Attorneys in SF, California The Shah Peerally Law Group is a leading full-service immigration law firm headquartered in Newark and San Francisco.